Your medical providers should treat you with care and respect, keeping in mind their obligation to do you no harm. Yet, all too often it seems like hospitals and their personnel are more concerned about avoiding liability than they are about properly caring for their patients. This is one reason why you’re required to sign a waiver before receiving treatment from your doctor. But signing this documentation raises an important question: are you prohibited from filing a medical malpractice lawsuit because you signed a waiver?
The answer to this question is important. After all, many individuals who sign waivers forego legal action when they’re hurt by medical malpractice because they think that they don’t have any legal recourse. But the truth is more nuanced than that, which is why in the remainder of this post we want to look at how a waiver may not completely preclude you from taking the legal action necessary to protect your interests.
When can you pursue a medical malpractice claim despite signing a waiver?
Although a signed waiver may feel like a complete bar to legal action, it isn’t. Here are some situations that may warrant a medical malpractice lawsuit even though you’ve signed a waiver:
- Lack of informed consent: Before providing you with care, your doctor is required to inform you of the potential risks and rewards of the recommended course of action as well as any alternative forms of treatment. If they fail to properly inform you of this information, or if they go beyond the scope of your informed consent, then a waiver won’t protect them from a medical malpractice claim.
- Gross negligence: A waiver generally protects a hospital and its workers from liability for risks that are outside of their control. For example, infection that develops after organ transplant is a risk that a doctor can try to mitigate, but it’s oftentimes ultimately outside of their control. If your doctor is grossly negligent, though, meaning that they act recklessly in disregard of the applicable standard of care, then you’ll still have a foundation upon which to build your medical malpractice case.
- The waiver is against public policy: There’s a strong public policy in limiting the scope of medical waivers. After all, in your time of need, it would be unfair to require you to completely release your medical provider from all liability, as that opens the door for them to do whatever they want without fear of repercussions. So, if you feel like the language in the medical waiver you signed is too broad, or if you were under duress at the time you signed the document and didn’t have time to fully read and understand it, then you should discuss it with your attorney to see if there’s a way to make a public policy argument to your advantage.
Aggressively pursue your medical malpractice claim
You didn’t deserve to be hurt by medical malpractice. And don’t make the mistake of thinking that your doctor made an honest mistake that shouldn’t lead to ramifications. Instead, carefully consider whether pursuing a medical malpractice claim will provide you with the compensatory relief that you need. If you’re successful on one of these claims, then you could recover money for your pain and suffering, mental anguish, lost enjoyment of life, medical and rehabilitation expenses and lost wages.
But you only get one shot to fight for what you deserve. So, if you’re ready to advocate for a fair and just outcome, then now is the time to gather evidence and develop a strong legal strategy.